Aschoff v. State

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Aschoff v. State

Case Number
Call Date
April 12, 2017
Case Time
9:00 AM
Case Summary

A-15-0249, Glenda Aschoff, individually and as personal representative of the Estate of William Aschoff, deceased, Joel Aschoff (Appellants), and Commercial Construction, Inc. v. State of Nebraska, Werner Construction, Inc., Werner Construction, Co., and Werner Construction, LLC

District Court for Buffalo County, District Judge John P. Icenogle

Attorneys for Appellants (Glenda, Joel, and William's Estate): Andrew J. Wilson & Lawrence Joseph Roland (Gross Welch Law Firm)

Attorney for Appellee (State): Douglas L. Kluender (Attorney General's Office)

Attorneys for Appellee (Werner): Krista Marie Carlson & Stephen L. Ahl (Wolfe Snowden Law Firm)

Civil Action: Wrongful death, negligence, emotional distress

Action taken by the Trial Court: William was employed by and working for CCI on the Kearney East Bypass Project, which was run and operated by the State through the Nebraska Department of Roads. The general contractor, Werner, subcontracted CCI to perform grading work, including filling a large body of water on the project jobsite. As part of his job, William was operating a bulldozer to push fill material into the water when the fill material collapsed and the bulldozer and William fell into the water. As a result, William died of asphyxiation by drowning. The Appellants filed suit against Werner and the State. Subsequently, both defendants sought summary judgment and the Appellants sought partial summary judgment with respect to their claims against Werner. The trial court denied the Appellants' motion and granted summary judgment in favor of Werner and the State.

Assignments of Error on Appeal, Reordered and Restated: Did the trial court err in relying on evidence that was neither offered nor admitted as evidence? Did the trial court err in granting summary judgment in favor of Werner and the State? Did the trial court err in denying the Appellants' motion for partial summary judgment?

Case Location
North Platte
Panel Text
Moore, Chief Judge, Inbody and Riedmann, Judges